Guardianship

New York guardianship law for incapacitated adults and minors. Learn about Article 81 guardianship proceedings, alternatives, and guardian duties in Westchester County.

Guardianship is a legal relationship in which a court appoints someone to make personal and financial decisions for another person who cannot make decisions for themselves. In New York, guardianship is governed primarily by Article 81 of the Mental Hygiene Law (MHL) for incapacitated adults and Article 17-A of the Surrogate’s Court Procedure Law (SCPA) for minors and disabled youth.

This section covers the full scope of New York guardianship law, including how the guardianship process works, alternatives to guardianship that may be less restrictive, special arrangements like standby guardianship, and the ongoing duties and responsibilities of guardians.